IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF MAY TWO THOUSAND AND FOURTEEN Between:
: PRESENT:
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRLP .NO:5650 of 2014 V. M. Anwar S/o. Late V. Himam Saheb, . Petitioner/Accused AND The State of A.P., rep., by the Public Prosecutor, High Court of A.P., Hyderabad, through SHO, Women PS., Kurnool Town and District.
. Respondent/Complainant Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein the High Court may be pleased to grant anticipatory bail to the petitioner/accused in the event of his arrest in connection with Crime No. 17 of 2014 of Women P.S., Kurnool, Kurnool District.
The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri K Rathanga Pani Reddy Advocate for the Petitioner and of Public Prosecutor for the respondent, the Court made the following.
ORDER:
“Heard both sides.
This petition under Section 438 of the Code of Criminal Procedure is filed by the petitioner-accused for his release in the event of his arrest in connection with crime No.17 of 2014 of Women Police Station, Kurnool District, registered for an offence punishable under Section 498-A of Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961.
Allegations against the accused, in brief, are that the de facto complainant was married to the petitioner-A.1 about eight years back. It is alleged that the de facto complainant was a divorcee with children.
The allegations in the complaint are that the petitioner- accused started demanding additional dowry of either Rs.10,00,000/- or Rs.20,00,000/-. The allegations are vague. The petitioner-accused is a government servant and is working as Record Assistant in the Government Girls High School, Kurnool.
Learned counsel for the petitioner submitted that not only the allegations are vague and omnibus but the intention of the de facto complainant is manifest from the fact that she is not even able to categorically mentioned in the complaint what was the demand made by the petitioner-accused. He further submits that the intention of the de facto complainant appears to be to see that the petitioner-accused is made to lose the job.
Taking the above facts and circumstances into consideration, I feel that petitioners can be granted anticipatory bail subject to certain conditions.
Hence, this petition is allowed and the petitioner-accused is directed to surrender before jurisdictional Magistrate concerned ie.., Judicial Magistrate of First Class, Kurnool, within two weeks from today and on such surrender he shall be enlarged on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the said Magistrate. Further, he is directed to appear before the investigation officer as and when required and co-operate with the investigation agency during enquiry.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Judicial Magistrate of First Class, Kurnool, Kurnool District
2. The Station House Officer, Women Police Station, Kurnool, Kurnool District
3. Two CC to Public Prosecutor, High Court of A.P Hyderabad(OUT)
4. One CC to Sri K. Rathanga Pani Reddy, Advocate(OPUC)
5. One spare copy Csk HIGH COURT MSKJJ DATE: 23-05-2014 ORDER CRLP. NO. 5650 OF 2014 DIRECTION HIGH COURT Csk Date of drafting 23-05-2014 MSKJJ DATE: 23-05-2014 ORDER CRLP. NO. 5650 OF 2014 DIRECTION